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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Arvind Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Bipin Chander Negi, J.)
Head Constable Ramesh Chand No.125, Police Station, Nerwa, District Shimla, Himachal Pradesh, is present along with record. Status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the petitioner.
2. The present bail petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of bail. The same arises out of FIR No.53 of 2024, dated 29.11.2024, registered at Police Station, Nerwa, District Shimla, Himachal Pradesh, under Sections 22, 25 and 29 of the Narcotic and Psychotropic Substances Act.
3. The incident, in the case at hand is dated 29.11.2024. The Police Party apprehended the present bail petitioner on the said date, while on patrolling and traffic checking duty at Chakwali Nalla. At about 12.50 p.m., while on traffic checking duty, the concerned Police Party had stopped a vehicle bearing No.HP-08A-3544 (silvered coloured Baleno). The same was being driven by one Ritesh. The bail petitioner was sitting on the side adjacent to the driver seat. On checking the vehicle, contraband under the seat of the Driver was found. The present bail petitioner was ar
Personal liberty is a fundamental right, and bail should be granted unless necessary to ensure attendance at trial, with conditions imposed to prevent tampering with evidence.
Bail is granted based on the presumption of innocence, absence of prior criminal history, and lack of risk of flight or witness tampering.
The court ruled that bail should be granted when no contraband is found in possession, emphasizing the presumption of innocence and the need for a direct nexus between the accused and the alleged cri....
Bail is granted when pre-trial incarceration is not justified, especially if no contraband is found in possession of the accused, emphasizing the presumption of innocence.
The court emphasized that bail is a means to secure attendance at trial, and personal liberty should only be curtailed when necessary, reflecting the presumption of innocence.
Personal liberty is a fundamental right that should only be curtailed when necessary, and bail should secure attendance at trial without being punitive.
Personal liberty is a fundamental right, and bail should be granted to ensure attendance at trial, not as a punitive measure.
The presumption of innocence remains until proven guilty, and the quantity of contraband does not invoke stringent bail conditions under the NDPS Act.
Pre-trial punishment is prohibited; bail may be granted when the contraband does not constitute commercial quantity, ensuring the applicant's rights are protected.
The court emphasized the presumption of innocence and the necessity of judicial discretion in granting bail, particularly in cases involving commercial quantities of contraband.
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